On the basis of a compliance affidavit filed by the contemnor stating adherence to recent court orders, the High Court concluded that the allegation of contempt had no merit and disposed of the petition.
Contempt petition stood disposed of being dropped.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.5283 of 2023
Laxmidhar Jena …. Petitioner
Mr. Rajeet Roy, Adv.
-versus-
Rabindra Nath Sahu, I.A.S. …. Contemnor Mr. Debasish Nayak, A.G.A.
CORAM:
Order No.
DR. JUSTICE S.K. PANIGRAHI
ORDER
04.09.2023
1 . This matter is taken up through hybrid
arrangement.
2 . Heard learned counsel for the Parties.
3 . Learned counsel for the Contemnor submits that the contemnor/opposite party has filed compliance affidavit mentioning therein that the order dated 07.01.2022 passed by this Court in W.P.(C) No.396 of 2022 and order dated 23.09.2022 passed in CONTC No.5742 of 2022 have already been complied with by the Collector & District Magistrate, Nayagarh by passing order dated 02.09.2023. The relevant portion is quoted hereunder:
Page 1 of 3
// 2 //
“ I Sri Rabindra Nath Sahu, I.A.S. aged about 59 years, S/o-Late Madhab Chandra Sahu at present working as Collector & District Magistrate, Nayagarh do here by solemnly affirmed and state as follows.
That I have gone through the contents of the contempt application filed by the petitioners and understood the contents made therein. I am acquainted with the facts and swear this affidavit on behalf of the contemnor.
That as per the orders of the Hon’ble High Court, Orissa passed in W.P.(C) No.396 of 2022 filed by Laxmidhar Jena, the representation of the petitioner has been considered by my predecessor in office vide Misc. Case No.19 of 2022 after affording due opportunity of hearing.
That the said Misc. Case has been disposed of on 12.08.2022 and the result of the case has been communicated to the petitioner vide this office Memo No.2133/Dated 19.08.2022. The copy of the said order has also been communicated with the CDO-Cum-EO, ZP, Nayagarh and BDO, Ranpur vide Memo No.2132 dated 19.08.2022 for necessary compliance.
That the BDO, Ranpur has submitted the performance report and agreement paper of Sri Jena (petitioner) to the CDO-cum-EO, ZP, Nayagarh.
That basing on the performance report the engagement of the petitioner has been renewed as per MGNREGS guideline vide Zilla
Page 2 of 3
// 3 //
Parishad, Nayagarh letter No.4556 dated 02.09.2023.”
4. In view of above, the Contempt petition stands disposed of being dropped.
5 . Issue urgent certified copy of the order as per
Rules.
Sumitra
(Dr. S.K. Panigrahi)
Judge
Signature Not Verified
Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 16-Sep-2023 16:00:27
Page 3 of 3
1 issue framed by the court
Whether the contempt petition is maintainable in light of the compliance affidavit filed by the contemnor.
Laxmidhar Jena
Rabindra Nath Sahu
SK Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
